What are the Grounds for a DUI Case Appeal?

 Posted on January 29, 2018 in DUI

The penalties for a DUI often include hefty fines, jail time, a driver’s license revocation, and a permanent criminal record. If your DUI has left you with these life-altering penalties, you may consider appealing your DUI case. By filing an appeal, your DUI charges may be reduced, dismissed, and/or removed from your criminal record altogether.

In the event that you do decide to file your appeal, the appellate court may reverse your conviction, affirm it, or send it to a trial court for a hearing. Since the appeal process for a criminal case can be lengthy and complicated, you should consult an experienced Illinois DUI lawyer. You may be convicted of a lesser charge if strong evidence is given in court.

An Illinois DUI lawyer may bring up a number of issues for your DUI appeal. They may prove that the trial court made an error in applying the law to your case or the police or prosecutor took actions which prevented you from receiving a fair trial. Misconduct by the prosecutor and jurors as well as misrepresentation by your attorney and errors by the judge in admitting evidence against you may all support your appeal.

The Process for Appealing a DUI Case in Illinois

If you would like to appeal your DUI case, you should know there are certain filing guidelines. You must file a Notice of Appeal within 30 days of the decision of your case.  Your Notice of Appeal will state what decision you are appealing and what you would like to happen.

You will also have the opportunity to file an appellate brief so that you can explain in writing why you think the trial court made an incorrect decision regarding your DUI case. The appellate brief should convince the appellate court that there were legal errors in your trial that led to an unjust decision. A DUI lawyer can help you compose this brief so that your chances of a favorable case outcome are increased. In addition to the appellate brief, an oral argument may be requested.

Contact Our Naperville IL DUI Attorneys

If you are do not agree with the trial judge’s DUI ruling, you should contact experienced Naperville DUI lawyers. In the event a DUI case appeal makes sense for your particular situation, we can guide you through the process and ensure your rights are protected. Call us at 630-953-3000 today to schedule your no-obligation consultation.

Source:

http://www.illinoiscourts.gov/CivilJustice/Resources/Guide_for_Appeals_to_the_IL_Appellate_Court_rev_093016.pdf